FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.461-463
Will of SAMUEL MASTERS
Dtd 22 Mar 1872 - Pro 29 Apr 1872
In the name of the Benevolent Father of All
I Samuel Masters of the County Tuscarawas and State of
Ohio do make and Publish this my Last will and Testament. Item
1st give to my Beloved wife Polly in
lieu of her Dower the third of all crops raised on the farm on
which we now reside Situated in Tuscarawas County and State of
Ohio Containing one hundred and twenty-three acres with the
Privilege of Retaining and Keeping what live Stock She may Desire
at any time During her natural lifetime with the interest on all
Moneys now at Interest or So long as she Shall Remain my lawful
widow. Item 2nd give unto my son
Washington all my interest in the farm on which he now
Resides Situate in the County of Tuscarawas and State of Ohio
Containing Eighty Acres. Item 3rd I give
to my Daughter Abegail Masters the
farm on which she now resides containing ninety Seven Acres Said
tract of Land Situated in Coshocton County and State of
Ohio it is my desire After my decease that all my Personal
Property be appraised and Sold Make of So much thereof as may not
be necessary for my wife then after the Payments of all my Just
Debts what money remains unexpended Shall be Equally divided
between my Son Washington Masters and my daughter Abegail
Masters. Except one Hundred Dollars which I bequeath to be
paid as follows viz fifty dollars to my Grand Son Samuel
Masters Son of Washington Masters and fifty Dollars to
my Grand Son Lincoln Masters son of Samuel
and Abegail Masters to be Paid to them on their becoming of
Lawful age with all Interest that may accrue thereon. it
is my will furthermore that at the Decease of my Said wife or her
intermarriage that the farm on which we now Reside with all goods
and Chattles Remaining unexpended be Equally divided
between My Son Washington Masters and my Daughter Abegail
Master or their Legal Representatives. It is my will further that
my ward Catherine March Reside with my Said w??? if She
Should So desire, and be it further understood that after Sale of
my goods and Chattles and the Above divisions made that My
Daughter Abigail Shall pay to my son Washington two hundred
Dollars out of her Share. I do hereby Revoke all former wills by
me made.
In Testamony where of I hereunto Set my hand and Seal this
22nd day of March in the year 1872.
[signed] Samuel Masters {Seal}
Signed and Acknowledged by Said Samuel Masters as his last
will and Testament in our Presence and Signed by us in his
Presence.
[signed] Peter Everhart } Codicil
— I do hereby appoint my Son G.W. Masters and Samuel [signed] John Thomas Jr. } Masters, Jr.
Executors of this my last will. Witness my hand this 21st
day of March 1872. Samuel Masters
State of Ohio } ss
Tuscarawas County } We Peter Everhart and John Thomas
being duly Sworn in open Court this 29 day of April AD 1872
depose and Say that we were present at the Execution of the last
will and Testament with Codicil of Samuel Masters hereunto
annexed and that we Saw the Said testator Subscribe Said will and
herd him Publish and declare the Same to be his last will
and Testament and that the Said testator at the time of Executing
the Same was of full age and of Sound mind and Memory and not
under any restraint and that we Signed the Same as witnesses at
his request and in his Presence and in the Presence of each
other.
[signed] Peter Everhart
[signed] John Thomson Jr.
[signed] Peter Everhart
[signed] John Thomson Jr.
Sworn to and Subscribed before me the day and year aforsaid.
[signed] W.B. Brown Probate Judge
Be it remembered that in the Probate Court of the County of
Tuscarawas and State of Ohio on Monday 29th day of
April in the year of our Lord one Thousand Eight hundred and
Seventy two at the town of New Philadelphia within Said County
before W.B. Brown Judge of Said Court among the Proceedings then
and there had were the following viz
In the Matter of } The last will and Testament of Samuel
Masters late of this County
the Will of } deceased was this day Produced in Court and
thereupon Came Peter
Samuel Masters } Everhart and John Thomas the Subscribing
Witnesses to Said will and in open Court on oath testified to the
Execution and attestation of Said Will which Testamony was
reduced to writing and by them respectively Subscribed and filed
with Said will and it appearing to the Court by Said testamony
that Said will was duly Executed and attested and that the Said
testator at the time of Executing the Same was of full age and
Sound mind and Memory and not under any restraint It is ordered
by the Court that Said will be and the Same is hereby admited
to Probate and together with the testamony ordered to be
recorded and thereupon came G.W. Masters and Samuel Masters
the Executors in Said will named and in open Court
Signified their acceptance of the trust of Executing Said will It
is therefore ordered by the Court that Letters testamentary be
issued to them upon their giving bond in the Sum of $12000.00
Conditioned According to Law with Peter Everhart and John
Thomas freeholders as their Surities who
are approved of by the Court as Such, the Court appoint James
Reynold J. M. McCollem and [blank line] the appraisors
of the Personal Estate of decedent.
A Record Attest W.B. Brown Probate Judge
[N.B. Codicil date is dated one day
‘before’ the Will; John "Thomas"
"Thomson" - both spellings therein; Peter & John
signed twice - under the Oaths. Added by me: Underlines, Bold
& Italics.]
Transcribed by June E. Herron - April 2001
apachejune@hotmail.com